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dayglo

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Everything posted by dayglo

  1. the cost of the claim is the same regardless of which method you choose to register it. According to the rules and the help files on mcol, it is designed for claims involving money only. If your claim is predominatly for something other than money, I would file manually at court. Read the guidance and make your own decision.
  2. MCOL is set up for monetary claims. As your claim is for something other than money in the main, I wuld not use MCOL but use an N1 form at court.
  3. Good morning willow - there are not many thread that would get me posting today but this is definitly one of them! I am delighted for you, makes it all worthwhile doesn't it. Seriously well done. You put effort into understanding everything and bingo! I will have a cup of extra special coffee to celebrate with you this morning - 'fraid my employers take a dim view of champagne at work! keep in touch!
  4. and to think, i'd got through life so far being unaware of batmannews.de !
  5. i seem to remember a character called chase meridian but can't think where from!
  6. i don't remember! I certainly have no recollection of agreeing to represent anyone never mind everyone
  7. ok - it's a bit hard to follow some of your posts with all the formatting tags still there! you may get more response if you remove them? anyway... fwiw - I would forget trying get copies of orginal default notices as these are completely different from the defaults on your credit file. to save me from having to re-type and format an explanation I've done before - you may find this post contains all the help you need. http://www.consumeractiongroup.co.uk/forum/legalities/64981-natwest-default-2.html#post559475
  8. that's a difficult question. I would say 50:50 chance of removing it without a court hearing. I had a default removed from natwest shortly after issuing my n1 but that was in the summer before the banks had chance to get their act together.
  9. no i'd do it now. this is a long process though!
  10. hello. Sorry to be the bearer of bad news. Removing defaults from vodafone is difficult. Also There are 2 types of default and people get them confused. 1) as defined by the Consumer Credit Act. This is a sheet of paper that must contain certain pieces of information before any creditor can take further action to recover a debt such as pass it to a DCA or similar. Other than the aggro of falling behind with payments/debts and being passed into the murky wolrd of DCAs there is no automatic link to 'defaults' on your credit reference file which currently hurt you for 6 years regardless of wether you settle the debt or not. Vodafone are not covered by the CCA and were not required to send you notification of the default. bummer but true. 2) Defaults as defined by Credit Reference Agencies are markers or flags on your credit file and can be placed there by creditors, lenders etc at will without recourse to any legislation whatsoever. It is merely their view that you have 'defaulted' on some credit account. They do not have to send you a piece of paper, they don't even have to tell you about it - they just have to take reasonable steps to ensure that it is accurate. I think a notice under S.10(1) is the best way forward but this is going to take months. I first sent my notice to vodafone on August 19th last year, the default is still there and I have a court hearing in March.
  11. The main story of default removals, as told by CAG, begins really around last summer with a guy called Surly Bonds. You’ll find plenty of references to his ‘template letters’. He fired a few of us up to tackle the issue of default removals for settled debts where a contract has ended. Loads has happened since then and if you can bear with some of the light hearted nonsense posts from time to time then my ‘mission to get my life back’ thread is a reasonable record of the arguments as they developed over the Autumn & Winter. The main conclusion so far appears to be: 1) send a notice to cease processing data because it is causing you damages and or distress 2) Wait 21 days (statutory period for the data controller to comply) 3) File a claim at court as per your rights under section 10(4). Here are some general points, thoughts on defaults. There are 2 types of default. 1) as defined by the Consumer Credit Act. This is a sheet of paper that must contain certain pieces of information before any creditor can take further action to recover a debt such as pass it to a DCA or similar. Other than the aggro of falling behind with payments/debts and being passed into the murky wolrd of DCAs there is no automatic link to 'defaults' on your credit reference file which currently hurt you for 6 years regardless of wether you settle the debt or not. 2) Defaults as defined by Credit Reference Agencies are markers or flags on your credit file and can be placed there by creditors, lenders etc at will without recourse to any legislation whatsoever. It is merely their view that you have 'defaulted' on some credit account. They do not have to send you a piece of paper, they don't even have to tell you about it - they just have to take reasonable steps to ensure that it is accurate. Section 10 – Data Protection Act Now then - S.10(1) notices are to stop data processing where it causes substantial damage and distress and that it is unwarranted etc.... let's look at section 10 in more detail to understand exactly what it is you are trying to achieve. DO NOT CHASE THIS UP UNTIL THE 21 DAYS HAS EXPIRED. after this period, simply exercise your right under S.10(4) and ask a court to order them to comply. They will have had their chance to explain why they haven't but it will be too late. Make sure you can prove that a) the processing of data is causing you substantial harm (increased cost of credit etc.) when you’re ready to file at court (after the 21 days has expired) download your N1 form here use the following PoC handover 150 of your finest pounds and wait. Do not contact them again!
  12. whoa..... slow down there The process for default removal on it's own is long and tortuous, if you've read any of my 'life back thread' then apart from needing therapy you'll have an idea of how painful it can be! I've just had a bit of lunch, I'm off to make another cup of coffee and I'll try to summarise the default removal process using section 10 data protection act. but advanced warning - natwest will not remove your default without another court claim. Just writing letters won't cut it I'm afraid, but it can be done.
  13. LOL! I have three children all under 6. I never said that was my first coffee, and I had to fit in a 2 hour drive to work this morning!
  14. ok then. I suppose you are going to reject the offer then or partially accept in writing explaining about the other account? anyhow... about this default. I'm not an expert in the court process by any means but I think it would be bad form to tag on additional elements of your claim via an N244 especially as you have not given them 'reasonable' time beforehand by including default removal on your letters. therefore, for what it's worth, I would continue with the charges claim minus the default info until it's conclusion. Whilst you wait, read, edit and send off the template S.10(1) notice below I think that is the most sensible route to default removal.
  15. hmm - did you establish whether it was for 1 or both accounts though (I suspect not) - that is a pretty important fact even if they are not prepared to discuss how the offer is made up.
  16. ok - you should have still received a 'notice of issue' from northampton if you did it via mcol. but to be honest, for the sake of a day either side, it doesn't really matter. I'm more interested in the outcome of your call to natwest! let me know.
  17. oh ok. my mistake - it should say on the 'notice of issue' your claim was issued on x the court sent it by first class post on y and it will be deemed served on the z. The defendant has until x to reply. can you find that?
  18. somewhere on the ack. of service it will say - "deemed served date" - it's 28 days from then.
  19. I'll post some more about default removal in a bit!
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